Practice point: A municipality owes to the public the absolute duty of keeping its streets in a reasonably safe condition.
Practitioners should note that, when it comes to traffic design engineering, the State is accorded a qualified immunity from liability arising out of a highway planning decision, and liability requires proof that the State's traffic design plan evolved without adequate study or lacked reasonable basis.
Case: Fan Guan v. State of New York, NY Slip Op 08089 (2d Dept. 2008)
The opinion is here.
